| ArtMLS
is Only a Venue. |
a. Overview. Our site acts as the venue for sellers
to list items for sale (or, as appropriate, solicit offers to buy) and
for buyers to make offers to buy items. We are not party to the purchase
and sale transaction between buyers and sellers. As a result, we have
no control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. We cannot ensure that a
buyer or seller will actually complete a transaction. b. Safe Trading.
Because user authentication on the Internet is difficult, ArtMLS cannot
and does not confirm each user's purported identity. Thus, we have established
a user-initiated feedback system to help you evaluate with whom you
are dealing. You may also wish to consider using a third party escrow
service or services that provide additional user verification c. Release
of ArtMLS. Because we are not involved in the actual purchase and sale
transactions between buyers and sellers, you hereby release ArtMLS (and
our officers, directors, agents, subsidiaries and employees) from all
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, quantifiable and unquantifiable, which may arise at
any time in the future out of any transaction which youmay participate
in with one or more other users of ArtMLS or which may be in any way
connected with any such dispute. If you are a California resident, you
waive the benefit of California Civil Code §1542, which says: "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with
the debtor." d. Information Control. We do not control the information
provided by other users which is made available through our system.
You may find other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution, common sense, and practice safe trading
when using our site. Please note that there are also risks of dealing
with foreign nationals, underage persons or people acting under false
pretense.
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| The
Registration Data. |
In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or ArtMLS has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, ArtMLS
has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).You
are solely responsible for the Registration Data, and we act as a passive
conduit for your online distribution and publication of the Registration
Data. With respect to the Registration Data: 7.1 You warrant and represent
to ArtMLS that the Registration Data (including all items listed therein):
(a) will not be false, inaccurate or misleading; (b) will not be fraudulent
or involve the sale of counterfeit or stolen items; (c) will not infringe
any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) will not violate
any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (e) will not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (f)
will not be obscene or contain child pornography; (g) will not contain
any viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal
information; (h) will not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers; and
(i) will not link directly or indirectly to or include descriptions
of goods or services that: (aa) are prohibited under this Agreement;
(bb) are concurrently listed for auction on a web site other than ArtMLS's;
or (cc) you do not have a right to link to or include. Furthermore,
you may not list any item on our site (or consummate any transaction
that was initiated using our service) that, by paying to us the listing
fee or the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates our current
Prohibited, Questionable and Infringing Items list (such list being
available at http://pages.ArtMLS.com/help). 7.2 Solely to enable ArtMLS
to use the information you supply us with, so that we are not violating
any rights you might have in that information, you hereby grant us the
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright and publicity
rights (but no other rights) you have in the Registration Data, in any
media now known or not currently known, with respect to the Registration
Data. ArtMLS will only use the Registration Data in accordance with
our Privacy Policy. 7.3 You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content originated.
This means that you are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Service and that ArtMLS
is not responsible at all for such Content in any circumstances. ArtMLS
does not control the Content posted via the Service and therefore cannot
and does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will ArtMLS be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise transmitted via the Service. You agree
to not use the Service to: a. upload, post, email or otherwise transmit
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way; c. upload, post, email or otherwise transmit
any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements); d. forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service; e. impersonate
any person or entity, including, but not limited to, an ArtMLS official,
forum leader, guide or host [??], or falsely state or otherwise misrepresent
your affiliation with any person or entity; f. upload, post, email or
otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any
party; g. upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated for
such purpose; h. upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment; i.
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in real
time exchanges; J. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law; k. "stalk"
or otherwise harass another; or 36. collect or store personal data about
other users. 37. You acknowledge that ArtMLS does not pre-screen Content,
but that ArtMLS and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing, ArtMLS
and its designees shall have the right to remove any Content from the
publicly accessible areas of the Service that violates ArtMLS policy
or rules, or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content
created by ArtMLS or submitted to ArtMLS, including without limitation
information in ArtMLS and in all other parts of the Service. You acknowledge
and agree that ArtMLS may preserve Content and may also disclose Content
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) respond to claims that any Content violates the rights of third-parties;
or (c) protect the rights, property, or personal safety of ArtMLS, its
users and the public. You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
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